Houston Insurance Fraud Lawyer
SKILLED INSURANCE FRAUD DEFENSE LAWYER SERVING HOUSTON CLIENTS IN TX
An expert Houston Insurance Fraud Lawyer will understand and be able to navigate the law regarding Fraudulent matters. Insurance Fraud is codified under Texas Penal Code 35.02. Charges for insurance fraud can be brought:
- If a person “with intent to defraud or deceive an insurer” brings a claim or provides a statement known to contain false or misleading information.
- If a person “with intent to defraud or deceive an insurer” presents false or misleading material information in support of an application for an insurance policy.
- If a person “with intent to defraud or deceive an insurer … solicits, offers, pays, or receives in connection with the furnishing of goods or services for which a claim for payment is submitted under an insurance policy.”
Penalties for Insurance Fraud in Texas
If convicted of insurance fraud in Texas, the penalty will depend on the value of the claim. According to Texas law:
- If the value of the claim is less than $100, you may be convicted of a Class C misdemeanor.
- If the value of the claim is $100 or more but less than $750, you may be convicted of a Class B misdemeanor.
- If the value of the claim is $750 or more but less than $2,500, you may be convicted of a Class A misdemeanor.
- If the value of the claim is $2,500 or more but less than $30,000, you may be convicted of a state jail felony.
- If the value of the claim is $30,000 or more but less than $150,000, you may be convicted of a 3rd-degree felony.
- If the value of the claim is $150,000 or more but less than $300,000, you may be convicted of a 2nd-degree felony.
- If the value of the claim is $300,00 or more (or places a person at risk of death or great bodily injury), you may be charged with a 1st-degree felony.
If convicted of presenting false or misleading material information in support of an application for an insurance policy, you can be convicted of a state jail felony. Additionally, if convicted of insurance fraud in the state of Texas, you may have to pay restitution, court costs, and attorney’s fees. Our Houston Insurance Fraud Lawyer can help you.
Penalties for Federal Insurance Fraud
Penalties for federal insurance fraud depend on the scope of the fraud itself and who is harmed by the scheme. In misdemeanor cases, a person may only face probation, community service, fines, and jail time. If a person is convicted of felony insurance fraud, they may face a significant prison sentence, a hefty fine, and be required to make restitution.
Insurance fraud can be prosecuted at both the state and federal level. If the fraud affects interstate commerce, it will be federally prosecuted. Insurance fraud is a broad category of white-collar crime. The most common types of insurance fraud include:
- Auto insurance fraud
- Healthcare fraud
- Workers Compensation fraud
- Catastrophe-related property fraud
- Life insurance fraud
- Property or home insurance fraud
The Federal Bureau of Investigation (FBI) estimates that non-health related insurance fraud costs around $40 billion per year. This results in an increased premium of $400 and $700 per year for the average American family. Because of these costs to both the federal government and the average citizen, federal attorneys aggressively investigate and prosecute insurance fraud cases.
Common Federal Insurance Fraud Schemes
According to the FBI, the most common types of insurance fraud include:
- Premium diversion – embezzling insurance premiums
- Fee churning – when “a series of intermediaries take commissions through reinsurance agreements.”
- Asset diversion – “the theft of insurance company assets.”
- Workers’ compensation fraud
Unfortunately, some people also take advantage of those affected by natural disasters. If the fraud is related to a president-declared emergency or natural disaster, there are usually additional penalties and increased fines associated with a conviction.
Hire an Experienced Houston Insurance Fraud Lawyer
If you are facing insurance fraud charges in Texas, you need an experienced attorney to represent you. Insurance fraud can be charged at both the state and federal level. You cannot afford to “go it alone.” You need a leading defense attorney that will fight hard to protect your rights and your freedom. Houston criminal defense attorney James Alston is a former state and federal prosecutor that spent years learning how the other side works. He will vigorously defend your case, getting you the best possible outcome against the charges. Contact James Alston Law today to schedule a consultation at (713) 228-1400.